Sunset Chevron Act

Enumerated powers · passes

Congress has the power to legislate on matters within its enumerated powers, and the regulation of federal agencies falls under its authority to make laws necessary and proper for executing its enumerated powers (Article I, Section 8, Clause 18). The bill seeks to sunset rules that were upheld under Chevron deference, which is a matter of administrative law and government operations. Congress has the authority to oversee and reform the federal bureaucracy, including setting sunset dates for rules, as part of its legislative powers.

Bill of Rights · passes

The bill does not directly infringe upon any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process (in the criminal context), fair trial, jury, cruel and unusual punishment, or unenumerated rights. The bill's impact on property rights is indirect and not a taking. Therefore, no Bill of Rights violation is apparent.

Individual liberty · raises concerns · severity: significant

The bill restricts the ability of individuals and businesses to rely on existing agency rules that have been in effect, potentially affecting their property, contracts, and expectations. By sunsetting rules without a new legislative act, the bill imposes a significant restriction on individual freedom to operate under established regulations. The government has not provided a compelling justification for the retroactive sunsetting, as the overturning of Chevron does not automatically invalidate the rules themselves. The burden is on the government to justify this restriction, and the bill does not meet that burden.

Decentralization · raises concerns · severity: minor

The bill consolidates decision-making at the federal level by having GAO compile the list and set sunset dates, and by subjecting rules to a joint resolution of disapproval under the Congressional Review Act. This is a federal action, and the questions are: (1) Could an individual or family handle this? No, because individuals cannot sunset federal rules. (2) Could a local community or county handle this? No, because federal rules are national in scope. (3) Could a state handle this? No, because states cannot override federal rules. (4) Does this action consolidate decision-making at a higher level of government than the minimum necessary? Yes, because the bill centralizes the sunsetting process in GAO and Congress, rather than allowing for more localized or individualized review. However, this is inherent in federal agency rulemaking, so the consolidation is not necessarily unconstitutional, but it does fail the decentralization test.

Due process and takings · raises concerns · severity: significant

The bill raises due process concerns because it retroactively sunset rules without providing affected parties with notice and an opportunity to be heard. The sunsetting of rules can deprive individuals and businesses of vested rights and expectations, and the bill does not provide for any individualized review or hearing. Additionally, the bill may constitute a taking of property without just compensation if the sunsetting of rules diminishes the value of property or contractual rights. The Fifth Amendment's Due Process Clause and Takings Clause require fair procedures and just compensation, which the bill does not provide.